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HomeMy WebLinkAboutMinutes City Council - 02/28/1979 - SpecialPRESENT: Mayor Gabe Lozano, Sr. Mayor Pro Tem Bob Gulley Council Members: David Diaz Ruth Gill Joe Holt Tony Juarez, Jr. Edward L. Sample MINUTES CITY OF CORPUS CHRISTI, TEXAS SPECIAL COUNCIL MEETING FEBRUARY 28, 1979 3:30 P. M. City Manager R. Marvin Townsend City Attorney J. Bruce Aycock City Secretary Bill G. Read Mayor Gabe Lozano, Sr. called the meeting to order In the Council Chambers of City Hall and stated that the purpose of the meeting was to conduct public hear- ings on seven zoning applications. City Secretary Bill G. Read verified that the necessary quorum of required Charter Officers was present to conduct a legally constituted meeting. City Manager R. Marvin Townsend announced the public hearing on Application No. 279-1, Violet Developers, for a change of zoning from "F -R" Farm -Rural District to "R-lB" One -family Dwelling District on Tract A, from "F -R" Farm -Rural District to "A-1" Apartment House District on Tract B, and from "F -R" Farm -Rural District to "R-2" Multiple Dwelling District on Tract C; Tract A - 62.90± acres; Tract B - 7.36± acres; Tract C - 7.71± acres, all being out of John Kocurek Tract, located on the northwest side of Violet Road, immediately south of Hilltop Road. City Manager Townsend informed the Council that both the Planning Commission and the Planning Staff recommend approval and that in response to the notices of the public hearing, one in opposition and none in favor had been returned. Chief Planner Larry Wenger located the area on the zoning and land use map, described the land use in the surrounding area, and showed slides of the area. Mr. Wenger explained that there are three zoning requests involved and explained the planned use for single-family dwellings, apartments, and duplex units. He also informed the Council that the extension of Hilltop Road into this area is a require- ment of the Platting Ordinance. The minister of the Corpus Christi Primitive Baptist Church, 3618 Violet Road, expressed concern about the traffic on Violet Road and the further congestion that will occur if these residences, duplexes and apartments are con tructed. LIVED SEP 0 41980 L ces Special Council Meeting February 28, 1979 Page 2 Council Member Diaz inquired if a traffic problem exists on Violet Road, and City Manager Townsend replied that it is a two-lane street and there are no funds in the bond program to widen the street. Also speaking in opposition to this change of zoning was Ms. Elide Gonzales, Trust Officer of Corpus Christi National Bank, who stated that she was speaking on behalf of a client who owned property in the affected area. Ms. Gonzales inquired about the number of units that are planned. Mr. Nixon Welsh, one of the partners of Violet Developers, replied that they plan the construction of k} single-family residences to an acre; there are a little more than 62 acres in this tract; the developers plan to start on the first 10 acres this summer; and the remainder of the tracts will be developed in from 6 months to 3 years. Ms. Gonzales stated that her client owns property to the south of this development, and she stated that they are concerned as to whether or not adequate sewer service is available. Mr. Welsh replied that thereare ample sanitary sewer trunk lines in the area. City Manager Townsend confirmed that the development has been laid out according to the Master Plan, and as long as this is followed, there will be adequate sewer service. Mr. Townsend suggested to Ms. Gonzales that her client contact the City's Engineering Department in regard to the plans for sanitary sewer service. Mr. Harold Kronke, speaking on behalf of the church located in the area, stated that the church members are concerned about the heavy concentration of families that will occur If the multi -family dwelling district is approved and the fact that the duplexes will baek up to the church property. City Manager Townsend Inquired of the developers, Mr. Welsh and Mr. Bob Thorpe, if any consideration had been given to construction of a street adjacent to the church. Mr. Welsh stated that Mr. Eugene Kocurek owns property near there, but he did not want to dedicate land for a street. Mr. Welsh stated that it was not his understanding that the street was a problem to the church, nor that they desired one. No one else spoke in regard to this application. i.._ .ces Special Council Meeting February 28, 1979 Page 3 Motion by Holt that the hearing be closed, seconded by Sample, and passed unanimously. Council Member Gill noted that Mrs. Rosa Gonzales was present as a represen- tative of the Planning Commission and.suggested•that she express the opinions of the commission in regard to this zoning case. Mrs. Gonzales stated that this application was considered by the Planning Commission and they were concerned about the traffic situation on Violet Road and the fact that a church and school were located there. Mrs. Gonzales expressed the personal opinion that the City has an obligation to plan the improvement of arterial streets when areas such as this are developed. She further stated that the staff was made aware of the Commission's concern in this regard and that the Planning Commission will consider this particular street during the next'Capital Improvement Program discussion and the Transportation Plan. Motion by Sample that the Council concur with the recommendation of the Planning Commission and grant the requested zoning'on Application No. 279-1; seconded by Holt; and passed unanimously. * * * * * * * * * * * * City Manager Townsend announced the public hearing on Application No. 279-2, Ms. Evelyn Lile, for a change of zoning from "F -R" Farm -Rural District to "R -1B" One -family Dwelling District on a portion of Lot 8, Section 19, Flour Bluff and Encinal Farm and Garden Tracts (90' x 155'), located on the west side of Rodd Field Road, approximately 275 feet south of Holly Road. City Manager Townsend noted that both the Planning Commission and the Planning Staff recommend approval, and that in response to the notices of the public hearing, three in favor and none in opposition had been returned. Chief Planner Wenger located -the tract on the zoning and land use map, des- cribed the land use in the surrounding area, showed slides of the area, and stated that the applicant planned the construction of'a single-family dwelling on the land. No one spoke in regard to this application. Motion by Gulley that the hearing be closed, seconded by Holt, and passed unanimously. Motion by Gulley that the Council concur with the recommendation of the Planning Commission and grant "6-16" zoning on Application No. 279-2; seconded by Minutes Special Council Meeting February 28, 1979 Page 4 Diaz; and passed unanimously. * * * * * * * * * * * * City Manager Townsend announced that Application No. 279-3, Mr. W. Sam Perkins, for a change of zoning from "R-2" Multiple Dwelling District with a Special Permit to "A-2" Apartment House District on Blocks A and B, Carrolleton Annex 3, located along the west right-of-way line of -Carroll Lane, south of Houston Street and north of Copus Street, has been withdrawn at the request of the applicant. * * * * * * * * * * * * City Manager Townsend announced the public hearing on Application No. 279-4, Mr. L. W. Latour, for a change of zoning from "R -1B" One -family Dwelling District to "B-4" General Business District on a 1.0± acre tract of land out of Lot 1, Section 54, Flour Bluff and Encinal Farm and Garden Tracts, located along the east side of Waldron Road, approximately 470 feet south of Don Patricio Road. Mr. Townsend informed the Council that both the Planning Commission and the Planning Staff recommend denial. Chief Planner Wenger located the tract on the zoning and land use map, des- cribed the land use in the surrounding area, showed slides of the area, and stated that the owner/applicant planned the construction of a neighborhood business. No one spoke in regard to this application. City Manager Townsend stated that in response to the notices of the public hearing, two in favor and two in opposition had been returned. Motion by Diaz that the hearing be closed, seconded by Holt and passed unanimously. Motion by Holt that the Council concur with the recommendation of the Planning Commission and deny the request for change of zoning to "B-4" on Applica- tion No. 279-4; seconded by. Juarez; and passed unanimously. * * * * * * * * * * * * City Manager Townsend announced the public hearing on Application No. 279-5, Wallock Brothers, for a change of zoning from "R -1B" One -family Dwelling District to "AB" Professional Office District on Lot 17, Block 34, Windsor Park Unit 4, located at the northeast corner of Everhart Road and McArdle Road. es Spocial Council Meeting February 28, 1979 Page 5 City Manager Townsend explained that the Planning Commission recommends approval, and the Planning Staff recommends denial on the basis that this would start a new block of strip zoning and create a domino effect resulting in the same situation as the block from Mt. Vernon to Padre Island Drive. He stated that in response to the notices -of the public hearing, two in favor and none in opposition were returned. Chief Planner Wenger located the area on the zoning and land use map, des- cribed the land use in the surrounding area, showed slides of the area, and stated that the applicants plan to convert:the existing dwelling into an office building. Council Member Holt noted that this location was in the area that was being, reviewed a short time ago to attempt to devise a type of zoning that would limit the number of driveways on Everhart. He asked about the status of that plan. Chief Planner Wenger replied that the staff is working on a driveway regula- tion at this time, and City Manager Townsend stated that a satisfactory solution has not been devised because if one driveway is allowed for every three lots, then two lots are denied a driveway. Mayor Pro Tem Gulley stated that he understood that it was hoped that one person would buy three lots and then one driveway would be allowed•for the three lots. City Manager Townsend stated that that would be a good solution, but this has not occurred yet. Council Member Holt noted that there seem to be a number of zoning viola- tions in this area, and Mr. Wenger explained that one or two property owners have been filed on for such violations. No one spoke in regard to this application. Motion by Juarez that the hearing be closed, seconded by Holt and passed unanimously. Motion by Holt that the Council concur with the recommendation of the Planning Commission and•approve Application No. 279-5, seconded by Gulley, and passed unanimously. Mr. Eduardo E. de Ases, Attorney representing the applicants, expressed appreciation to the Council for this approval of -the application. Minutes Special Council Meeting February 28, 1979 Page 6 City Manager Townsend announced the public hearing on Application No. 279-6, Mr. and Mrs. Joseph Elliott, for a change of zoning from "F -R" Farm -Rural to "R -1B" One -Family Dwelling District on Lots 1 and 2, Tract 3, Waldron Subdivision Annex, located on the north side of Glenoak Drive, between Retta Drive and Waldron Road. Mr. Townsend stated that both the Planning Commission and the Planning Staff recommend approval and that one letter in support of the application had been received. He explained that this property was zoned "F -R" in October, 1978 for a greenhouse and plant nursery operation, but the purchaser did not fulfill his con- tract and the applicants now have a purchaser who wishes'to construct a residence on the tract. Chief Planner Wenger located the area on the zoning and land use map, des- cribed the land use in the surrounding area, and showed slides of the area. No one spoke in regard to this application. Motion by Holt that the hearing be closed, seconded by Sample and passed unanimously. Motion by Diaz that the Council concur with the recommendation of the Plan- ning Commission and approve the zoning of "R -1B" on Application No. 279-6, seconded by Juarez, and passed unanimously. * * * * * * * * * * * * City Manager Townsend announced the public hearing on the Text Amendment to the Zoning Ordinance, Article 31, Newly Annexed Territory', by amending Section 31-5, by adding thereto one new subsection to be numbered 31-5.21 setting forth a zoning classification of "B-4" General Business District on a described tract of land when annexed to the City of Corpus Christi, Texas, said tract being 8.6± acres of land out of Survey 419, Abstract 570, made for F. W. Schaeffer by virtue of land script number 1/1046 issued by Beatty, Seale and Forwood, in Nueces County, Texas. Mr. Townsend explained that this area is presently outside the city limits, but there is an item on:the agenda today to annex this area; this was discussed previously; and since it is outside the city limits now, no notices were sent out. Chief Planner Wenger located the area on the zoning and land use map, des- cribed the land use in the surrounding area, showed slides of the area, and con- firmed that the purpose of this application is to prezone the property to "B-4" prior to annexation. h._...tes Special Council Meeting February 28, 1979 Page 7 Mr. Harold Kronke, the owner of the subject property, stated that on and off ramps from McKinzie Road to the expressway have been approved by the State. No one spoke in opposition to this application. Motion by Holt that the hearing be closed, seconded by Diaz, and passed unanimously. Motion by Holt that the Council approve this Text Amendment to the Zoning Ordinance to prezone this property "B-4" prior to annexation; seconded by Gulley; and passed unanimously. City Manager Townsend presented the ordinances effecting the changes approved in the foregoing zoning applications. City Secretary Read polled the Council for their votes, and the following ordinances were app)oved: ORDINANCE NO. 14804: AMENDING THE ZONING ORDINANCE OF THE CITY OF CORPUS CHRISTI ADOPTED ON THE 27TH DAY OF AUGUST, 1937, APPEARING OF RECORD IN VOLUME 9, PAGES 565, ET SEQ, OF THE ORDINANCE AND RESOLUTION RECORDS, AS AMENDED FROM TIME TO TiME AND PARTICULARLY AS AMENDED BY ORDINANCE NO. 6106, AS AMENDED, UPON APPLICATION OF VIOLET DEVELOPERS, BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON TRACTS A, B, AND C, OF THE JOHN KOCUREK TRACT, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "F -R" FARM- iRURAI DISTRICT TO "R -1B" ONE -FAMILY DWELLING DISTRICT FOR TRACT A, 62.90+ ACRES; "A-1" APARTMENT HOUSE DISTRICT FOR TRACT B, 7.36+ ACRES; AND "R-2" MULTIPIX-NELLING DISTRICT FOR TRACT C, 7.71+ ACRES; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; EPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Lozano, Gulley, Diaz, Gill, Holt, Juarez voting "Aye"; Sample, "absent". ORDINANCE NO. 14805: AMENDING THE ZONING ORDINANCE OF THE CITY OF CORPUS CHRISTI ADOPTED ON THE 27TH DAY OF AUGUST, 1937, APPEARING OF RECORD IN VOLUME 9, PAGES 565, ET SEQ, OF THE ORDINANCE AND RESOLUTION RECORDS, AS AMENDED FROM TIME TO TIME AND PARTICULARLY AS AMENDED BY ORDINANCE NO. 6106, AS AMENDED, UPON APPLICATION OF EVELYN LILE BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON A PORTION OF LOT 8, SECTION 19 FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "F-4" FARM -RURAL DISTRICT TO "R -1B" ONE -FAMILY DWELLING DISTRICT; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordlnance passed by the following vote: Lozano, Gulley, Diaz, G111, Holt, Juarez voting "Aye"; Sample, "absent". h.....tes Special Council Meeting February 28, 1979 Page 8 ORDINANCE NO. 14806: AMENDING THE ZONING ORDINANCE OF THE CITY OF CORPUS CHRISTI ADOPTED ON THE 27TH DAY OF AUGUST, 1937, APPEARING OF RECORD IN VOLUME 9, PAGES 565, ET SEQ OF THE ORDINANCE AND RESOLUTION RECORDS, AS AMENDED FROM TIME TO TIME AND PARTICULARLY AS AMENDED BY ORDINANCE NO. 6106, AS AMENDED, UPON APPLICATION OF WALLOCK BROTHERS BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON LOT 17, BLOCK 34, WINDSOR PARK UNIT 4, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R -1B" ONE -FAMILY DWELLING DISTRICT TO "AB" PROFESSIONAL OFFICE DISTRICT; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and:the foregb.ing ordinance passed by'•thefoilowing vote: Lozano, Gulley, Diaz, Gill, Holt, Juarez voting "Aye"; Sample, 'absent". ORDINANCE NO. 14807: AMENDING THE ZONING ORDINANCE OF THE CITY OF CORPUS CHRISTI ADOPTED ON THE 27TH DAY OF AUGUST, 1937, APPEARING OF RECORD IN VOLUME 9, PAGES 565, ET SEQ, OF THE ORDINANCE AND RESOLUTION RECORDS, AS AMENDED FROM TIME TO TIME AND PARTICULARLY AS AMENDED BY ORDINANCE NO. 6106, AS AMENDED, UPON APPLICATION OF MR. AND MRS. JOSEPH N. ELLIOTT BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON LOTS 1 AND 2, TRACT 3, WALDRON SUBDIVISION ANNEX, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "E -R" FARM -RURAL DISTRICT TO "R -1B" ONE -FAMILY DWELLING.QISTRICT; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Lozano, Gulley, Diaz, Gill, Holt, Juarez voting "Aye"; Sample, "absent". ORDINANCE NO. 14808: AMENDING THE ZONING ORDINANCE OF THE CITY OF CORPUS CHRISTI ADOPTED ON THE 27TH DAY OF AUGUST, 1937, APPEARING OF RECORD IN VOLUME 9, PAGES 565, ET SEQ, OF THE ORDINANCE AND RESOLUTION RECORDS, AS AMENDED FROM TIME TO TIME AND PARTICULARLY AS AMENDED BY ORDINANCE NO. 6106, PASSED AND APPROVED ON THE 29TH DAY OF MARCH, 1961, BY AMENDING ARTICLE 31, NEWLY ANNEXED TERRITORY, BY AMENDING SECTION 31-5 BY ADDING THERETO A NEW SUBSECTION, TO BE NUMBERED 31-5.21, SETTING FORTH ZONING CLASSIFICATION ON THE DESCRIBED TRACT OF LAND, WHEN ANNEXED TO THE CITY OF CORPUS CHRISTI, SAID TRACT BEING DESCRIBED AS AN 8.6+ ACRE TRACT OF LAND OUT OF SURVEY 419, ABSTRACT 570, MADE FOR F. W. SCHAEFFER BY VIRTUE OF LAND SCRIPT NUMBER 1/1046 ISSUED BY BEATTY, SEALE AND FORWOOD, IN NUECES COUNTY, TEXAS; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Lozano, Gulley, Diaz,.Gill, Holt, Juarez voting "Aye"; Sample "absent". There being no further business to come before the Council during the Special Council Meeting, Mayor Lozano declared the meeting adjourned at 4:25 p.m. February 28, 1979.